{"id":15536,"date":"2026-10-31T02:54:06","date_gmt":"2026-10-31T02:54:06","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-repeated-relapse-florida\/"},"modified":"2026-10-31T06:05:13","modified_gmt":"2026-10-31T06:05:13","slug":"marchman-act-attorney-repeated-relapse-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-repeated-relapse-florida\/","title":{"rendered":"Marchman Act Attorney for Repeat Relapse in Florida"},"content":{"rendered":"\n
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Marchman Act Attorney | South Florida and Statewide<\/p>

Marchman Act Help for Families Facing Repeat Relapse<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Call (561) 849-4149 or schedule a free, confidential first consultation with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 30, 2026<\/p>\n\n

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When Relapse Keeps Coming Back: Is a Marchman Act Petition the Right Step?<\/h2>\n

A Marchman Act petition can be the right step when your adult child’s substance use puts them in serious danger and they can’t accept help on their own. A Marchman Act attorney can tell you whether your facts fit the law.<\/p>\n

Maybe it’s the third overdose this year. Or it’s the late-night call from a hospital, the detox that sent your child home after a few days, or the weeks when you didn’t know where they were sleeping. You’ve paid for treatment and set boundaries, and the crisis still comes back.<\/p>\n

The Marchman Act is Florida’s civil process for court-ordered assessment and, when the legal criteria are met, treatment for a person with a substance use impairment. Every family’s situation is different. The statute asks whether there’s a good faith reason to believe your child is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder), has lost the power of self-control, and either needs substance abuse services and cannot appreciate that need, or is likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm that cannot be avoided through willing family or friends or other services, or there is substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or another, or, unless admitted, are likely to inflict it (Fla. Stat. \u00a7 397.675<\/a>). See Fla. Stat. \u00a7 397.675<\/a>.<\/p>\n

Parents usually reach this point after a pattern: repeated overdoses, cycles of detox and discharge, refusal of voluntary care, or a child who can’t make safe choices. Those facts matter when they fit the statutory criteria.<\/p>\n\n

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If your adult child keeps relapsing and you feel you're managing every crisis alone, we can talk through your options in a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What the Marchman Act Covers After Repeated Relapses<\/h2>\n

The Marchman Act covers two court stages: a short assessment and, if the criteria are proved, court-ordered treatment.<\/p>\n

Assessment.<\/strong> In an emergency, a judge can rely on the petition alone and enter an ex parte order for assessment and stabilization. A provider may not hold your child longer than 72 hours of observation, except in situations the statute lists (Fla. Stat. \u00a7 397.6818<\/a>).<\/p>\n

Treatment.<\/strong> If the conditions are proved by clear and convincing evidence, the court may order treatment for no more than 90 days (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

It must also give the facts behind your belief that your child is impaired, has lost self-control, and either has inflicted or is likely to inflict physical harm on himself, herself, or others, or has refused care because judgment is impaired (Fla. Stat. \u00a7 397.68141<\/a>).<\/p>\n

Who may file.<\/strong> For an adult, the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file (Fla. Stat. \u00a7 397.68112<\/a>). That includes a parent.<\/p>\n

How the Process Works, Step by Step<\/h2>\n

A Marchman Act case usually moves through five steps, from your first call to the period after the court rules.<\/p>\n

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  1. First consultation.<\/strong> You describe your child’s history, and the firm reviews whether a petition fits the facts.<\/li>\n
  2. Records.<\/strong> Gather discharge summaries, hospital and EMS reports, and a dated list of incidents. A qualified professional’s exam from the 30 days before filing can be attached. If your child was never assessed or refused, the petition must say so.<\/li>\n
  3. Filing.<\/strong> File with the clerk in the county where your child is physically located at filing. The clerk may not charge a filing fee (Fla. Stat. \u00a7 397.681<\/a>).<\/li>\n
  4. Hearing.<\/strong> The court must set a hearing within 10 court working days, unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  5. After the order.<\/strong> A treatment order lasts up to 90 days. The person is discharged at the end unless a renewal motion is filed (Fla. Stat. \u00a7 397.6977<\/a>). Florida’s aftercare framework<\/a> covers continuing recovery after treatment.<\/li>\n<\/ol>\n

    Building the Evidence Record Your Petition Needs<\/h2>\n

    A petition works best when it lists dated, specific facts that show impairment and harm. General worry, however sincere, is not enough on its own.<\/p>\n